Legal Opinion
Burwell v. Smith
Washington Supreme Court
Decided April 5, 1911No. 9085PublishedCited by 2 opinions
Appeal from a judgment of the superior court for King county, Kauffman, J., entered March 25, 1910, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action on contract.
1Opinion of the CourtCrow, J.
This action was commenced by A. P. Burwell against V. Hugo Smith, to recover $500 earnest money paid on a contract to purchase real estate. From a judgment of dismissal, the plaintiff has appealed.
On January 15, 1906, respondent, V. Hugo Smith, executed and delivered to appellant, A. P. Burwell, the following written receipt:
“Seattle, Wash., Jan. 15, 1906.
“Received of A. P. Burwell the sum of three hundred ($300) dollars account purchase lot seventeen (17) block four hundred nine (409) Seattle Tide Lands, to be conveyed free and clear of all liens and incumbrances excepting the lien of…
2Cases cited3 opinions
- Merrill v. WrightNebraska Supreme Court · 1902
- Johnson v. IrwinWashington Supreme Court · 1897
- Noyes v. CrawfordSupreme Court of Iowa · 1902
3Cited by2 opinions
- Kehlier v. SmithSupreme Court of Oklahoma · 1925
- Woodman v. FitzsimmonsWashington Supreme Court · 1922